IRCC Updates C13 Work Permit Instructions

IRCC’s C13 instructions outline when foreign nationals may be considered for work permits to carry out emergency repairs or repair out-of-warranty industrial or commercial equipment where the work may create significant economic or social benefits.

C13 covers two types of repair work

The C13 administrative code under the International Mobility Program applies to foreign nationals entering Canada to repair specialized industrial or commercial equipment. The category has two streams: emergency repair personnel and repair personnel for out-of-warranty equipment.

Emergency repair personnel are needed to carry out emergency repairs to prevent disruption of employment, whether or not the equipment is under warranty. The out-of-warranty stream covers repairs to equipment that is no longer under warranty or covered by a lease or after-sales agreement, including preventative work where an immediate repair is needed to avoid a negative effect on productivity.

Repair personnel and service technicians are typically admitted for a short period, generally less than 30 calendar days.

Eligibility and supporting evidence

To be eligible under R205(a), administrative code C13, an applicant must have the specific knowledge required to perform the repair. Applicants in the out-of-warranty stream must also show that the original equipment manufacturer has no commercial presence in Canada and that Canadian jobs would be greatly affected if the equipment is not repaired in a timely fashion.

Applicants are responsible for providing evidence that they meet the requirements. Officers assess the foreign employer’s letter, the offer of employment and evidence that the applicant’s training or experience is consistent with the repair work.

• A letter from the foreign employer outlining the applicant’s status with the company and the purpose of the visit to Canada.
• Evidence that the worker will remain an employee of the foreign company and that the foreign company will pay the worker’s wages.
• A detailed description of the work to be performed in Canada.
• Evidence of the proprietary or specialized knowledge needed to repair the equipment, such as degrees, licences, certifications or a résumé.
• For out-of-warranty repairs, confirmation that there is no original equipment manufacturer presence in Canada able to perform the work, and that Canadian jobs would be greatly affected by a delay.

Employer offer and work permit duration

Employers submitting an offer of employment through the Employer Portal should select C13 under R205(a) – Canadian interests. The offer should explain the applicant’s specialized knowledge and how the work will create or maintain significant benefits for Canadian citizens or permanent residents.

For out-of-warranty equipment repairs, the offer should also address the lack of an original equipment manufacturer’s commercial presence in Canada and the effect a delayed repair would have on Canadian jobs.

A work permit may be issued for the duration of the offer of employment or until the travel document expires, whichever comes first. The duration should be short and depend on the work requested. Permits for out-of-warranty repair personnel should usually not exceed 30 days unless supporting rationale has been provided.

Quebec applicants and renewals

Foreign nationals destined to work in Quebec under C13 do not require a Quebec Acceptance Certificate because they do not require a labour market impact assessment.

In exceptional circumstances, an officer may assess a renewal application case by case where the work would create or maintain significant economic benefits or opportunities for Canadian citizens or permanent residents. The Canadian employer must submit a rationale in a new offer of employment explaining why the work could not be completed within the original timeframe, and must pay the employer compliance fee again before the foreign national applies to renew the work permit.

Source: Official IRCC announcement